Hawaii Second-Degree Murder

Taking another person’s life is a serious offense. A second-degree murder charge may contain lesser included offenses such as manslaughter and negligent homicide. Hawaii’s negligent homicide statutes include offenses involving deaths caused by the operation of a vehicle and function similarly to what many states label vehicular manslaughter.

Since first-degree murder is limited to specific cases, courts can enhance or mitigate second-degree murder charges if conditions warrant it.

Hawaii Second-Degree Murder Law

Under Hawaii law, both first- and second-degree murder occur when someone “intentionally or knowingly causes the death of another person.” First-degree murder in Hawaii applies when the defendant:

• Causes the death of more than one person
• Causes the death of a police officer, judge, prosecutor, or other law enforcement official
• Uses a hired killer
• Violates a restraining order and causes the death of the protected person

Second-degree murder is any other intentional homicide. If a murder case does not meet a requirement for first-degree classification in Hawaii, it will be charged as second-degree murder, even if it is particularly heinous or cruel.

The Hawaii Revised Statutes abolished the felony murder rule. In Hawaii, if a death occurs during the commission of another felony, the court considers the effect of the felony in causing the death and decides whether an enhanced sentence is appropriate.

Penalties

Hawaii classifies felonies according to the maximum sentences allowed by law. Second-degree murder is a felony with a sentence of life imprisonment with the possibility of parole. Judges may order an enhanced sentence of life without parole if:

• The offense is unusually depraved or atrocious
• The defendant has convictions for first- or second-degree murder in Hawaii or of a similar crime in any other jurisdiction

Attempted murder in the second degree is a felony with a sentence of life imprisonment with the possibility of parole.

Murder and attempted murder in the first degree receive sentences of life imprisonment without parole. In cases where an enhanced sentence of life without parole is imposed for second‑degree murder, the court must order preparation of an application asking the governor to commute the sentence to life with parole after twenty years. The governor is not required to grant this commutation.

Manslaughter is a Class A felony under Hawaii’s penal code. Reducing the charge from second-degree murder can result in a term of imprisonment of up to twenty years. Manslaughter sentences are indeterminate, meaning the judge can sentence a defendant to a range of years that will depend on other aggravating and mitigating circumstances.

Class B felonies, such as assault, may be considered as a lesser included offense in a homicide case. They carry up to ten years’ imprisonment. The courts may impose these terms consecutively or concurrently with a sentence for murder.

Defenses

In a murder case, the prosecuting attorney has the burden of proving the defendant guilty beyond a reasonable doubt. The defendant may present affirmative defenses to reduce the severity of the charge or negate one of the elements of the crime. An affirmative defense requires the defendant to prove their case after the prosecution proves its case.

Self-Defense

Hawaii is one of the few states that still requires you to retreat before using deadly force in self-defense. Deadly force is justifiable if the person believes they are in imminent danger of:

• Death
• Serious bodily injury
• Kidnapping
• Rape/Forcible sodomy

Defendants do not have to retreat from their own home (“castle doctrine”) or place of work. A law to expand the definition of a place of work to include agricultural land seeks approval from the state’s lawmakers.

Emotional Disturbance

Mental or emotional disturbance can reduce a second-degree murder charge to manslaughter. The emotional disturbance must have a reasonable explanation to a person in the defendant’s position at the time of the event.

Manslaughter means recklessly causing the death of another person. A “heat of passion” murder could fall into this category.

Police Misconduct

Defense attorneys can have evidence excluded if they can show it was improperly collected or stored. Other types of misconduct include:

• Coerced confessions
• Misidentification
• Improper witness statements or lineups

Finding flaws in a prosecution’s case isn’t easy. If you’re facing second-degree murder charges, consider speaking with a legal expert who has experience in this field.

Additional Resources

• Second-Degree Murder Defenses
• First-Degree Murder
• Hawaii Involuntary Manslaughter Law
• Criminal Trial Overview
• What You Can Expect From a Criminal Defense Lawyer

Get Legal Advice From a Hawaii Criminal Defense Attorney

The most serious felonies in Hawaii are murder charges. If you or a loved one is facing charges for homicide or any other felony, consider seeking legal advice from a Hawaii criminal defense lawyer as soon as possible. Getting a legal expert on your side can make a tremendous difference.